Legislature(2015 - 2016)BELTZ 105 (TSBldg)
03/10/2015 01:30 PM Senate LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| SB60 | |
| SB53 | |
| SB44 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 60 | TELECONFERENCED | |
| *+ | SB 53 | TELECONFERENCED | |
| *+ | SB 44 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE LABOR AND COMMERCE STANDING COMMITTEE
March 10, 2015
1:30 p.m.
MEMBERS PRESENT
Senator Mia Costello, Chair
Senator Cathy Giessel, Vice Chair
Senator Kevin Meyer
Senator Johnny Ellis
MEMBERS ABSENT
Senator Gary Stevens
COMMITTEE CALENDAR
SENATE BILL NO. 60
"An Act establishing the Marijuana Control Board; relating to
the powers and duties of the Marijuana Control Board; relating
to the appointment, removal, and duties of the director of the
Marijuana Control Board; relating to the Alcoholic Beverage
Control Board; and providing for an effective date."
- HEARD & HELD
SENATE BILL NO. 53
"An Act relating to advanced practice registered nursing;
relating to certified direct- entry midwifery; and providing for
an effective date."
- HEARD & HELD
SENATE BILL NO. 44
"An Act relating to the religious exemptions in the Public
Employment Relations Act and the Alaska Railroad Corporation
Act."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 60
SHORT TITLE: ESTABLISH MARIJUANA CONTROL BOARD
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
02/23/15 (S) READ THE FIRST TIME - REFERRALS
02/23/15 (S) L&C, STA, FIN
03/10/15 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 53
SHORT TITLE: ADVANCED PRACTICE REGISTERED NURSES
SPONSOR(s): GIESSEL
02/18/15 (S) READ THE FIRST TIME - REFERRALS
02/18/15 (S) L&C, HSS
03/10/15 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 44
SHORT TITLE: RELIGIOUS UNION EXEMPTION: PERA & AKRR
SPONSOR(s): GIESSEL
02/09/15 (S) READ THE FIRST TIME - REFERRALS
02/09/15 (S) L&C, JUD
03/10/15 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
JOHN BITTNER, Deputy Commissioner
Department of Commerce, Community and Economic Development
Anchorage, Alaska
POSITION STATEMENT: Introduced SB 60 on behalf of the
administration.
CYNTHIA FRANKLIN, Director
Alcoholic Beverage Control Board (ABC)
Department of Commerce, Community and Economic Development
Anchorage, Alaska
POSITION STATEMENT: Provided supporting testimony for SB 60.
JANE CONWAY, Staff
Senator Cathy Giessel
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided a sectional analysis for SB 53.
SARA CHAMBERS, Operations Manager
Division of Corporations, Business and Professional Licensing
Department of Commerce, Community and Economic Development
Juneau, Alaska
POSITION STATEMENT: Explained the fiscal note for SB 53.
CARRIE DOYLE, DNP
Alaska Clinical Nurse Specialist Association
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 53.
ARLENE BRISCOE, Legislative Chair
Alaska Nurses Association
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 53.
FORREST WOLFE, Staff
Senator Cathy Giessel
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions related to SB 44.
GREGORY W. HAMILTON, President
Northwest Religious Liberty Association
Ridgefield, Washington
POSITION STATEMENT: Testified in support of SB 44.
MARK TORGERSON, Administrator and Hearing Officer
Alaska Labor Relations Agency
Anchorage, Alaska
POSITION STATEMENT: Provided information related to SB 44.
DON ETHRIDGE, Lobbyist
Alaska AFL-CIO
Juneau, AK
POSITION STATEMENT: Suggested a small change to SB 44.
CAROL CARMAN, representing herself
Palmer, Alaska
POSITION STATEMENT: Testified in support of SB 44.
DAVID NEES, representing himself
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 44.
DAVID BOYLE, representing himself
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 44.
ACTION NARRATIVE
1:30:43 PM
CHAIR MIA COSTELLO called the Senate Labor and Commerce Standing
Committee meeting to order at 1:30 p.m. Present at the call to
order were Senators Ellis, Meyer and Chair Costello.
SB 60-ESTABLISH MARIJUANA CONTROL BOARD
1:31:06 PM
CHAIR COSTELLO announced the consideration of SB 60. "An Act
establishing the Marijuana Control Board; relating to the powers
and duties of the Marijuana Control Board; relating to the
appointment, removal, and duties of the director of the
Marijuana Control Board; relating to the Alcoholic Beverage
Control Board; and providing for an effective date."
1:31:50 PM
JOHN BITTNER, Deputy Commissioner, Department of Commerce,
Community and Economic Development (DCCED), introduced SB 60 on
behalf of the administration. He explained that following the
passage of Ballot Measure 2, DCCED explored a variety of
regulatory structures for regulating marijuana in Alaska and
settled on a hybrid of a stand-alone entity.
SB 60 creates a stand-alone Marijuana Control Board that is
housed within the ABC agency in order to take advantage of the
existing Alcoholic Beverage Control (ABC) Board executive
director and staff. He acknowledged that alcohol is a distinct
substance from marijuana and posited that a lot of the issues
and difficulties that will arise are likely to be the same. This
structure will reduce the costs associated with standing up a
stand-alone entity while still achieving the intent of the
initiative and meeting the deadlines within the proposition.
1:34:58 PM
MR. BITTNER provided the following sectional analysis:
Section 1: Amends Title 4 naming the director of the
Alcoholic Beverage Control Board as the director of
the Marijuana Control Board. It also establishes the
process for appointment and removal of the director,
requiring a majority vote from both boards.
Section 2: Establishes the five-member Marijuana
Control Board in Title 17 with designated seats for
public health, rural representation, public safety,
and industry members. This section reflects the way
DCCED wishes alcohol was regulated, not the current
structure. Subsections (d) and (e) provide that in
certain circumstances the director may fulfill the
obligation of a public safety or public health member.
That person would then be replaced with a general
public member.
Section 3: Establishes the terms of office for board
members and the chair, sets out requirements for board
meetings, and provides for board members' per diem. It
also outlines the powers and duties of the board to
propose and adopt regulations, establish
qualifications for licensure, review applications for
licensure, hear appeals from the actions of the
director, reduce the area of a licensed premise, and
adopt regulations according to AS 44.63. It also
establishes the board's enforcement powers as
mirroring those of the Alcoholic Beverage Control
Board outlined in AS 04.06.110. And it provides for
appointment and removal of the director and
establishes the duties of the director.
Section 4: Defines the board in AS 17.38.900(1) to
mean the Marijuana Control Board created by this Act
to reflect the changes made in Ballot Measure 2.
Section 5: Defines the term "director" as the director
of the Alcoholic Beverage Control Board and the
Marijuana Control Board. It also defines
"registration" to mean registration or licensure as
determined by regulation
Section 6: Amends the duties of the Department of
Commerce, Community, and Economic Development to
include providing clerical and administrative support
for the Marijuana Control Board, similar to the way
DCCED provides support to the ABC Board.
Section 7: Amends the uncodified law for initial
appointment of board members.
Section 8: Provides for the transition of regulations
such that if the Alcoholic Beverage Control Board
adopts any regulations before the Marijuana Control
Board is created, those regulations can be
implemented, enforced, amended or repealed by the
Marijuana Control Board, and provides that regulations
adopted by the board in any transition period take
effect after the effective date of the Act.
Section 9: Provides for an immediate effective date.
1:38:37 PM
SENATOR MEYER asked how the makeup of this new board compares to
the makeup of the ABC Board.
1:38:59 PM
CYNTHIA FRANKLIN, Director, Alcoholic Beverage Control (ABC)
Board, Department of Commerce, Community and Economic
Development (DCCED), explained that the ABC Board is a five-
member volunteer board; two seats are designated for industry,
two seats are public, and one seat is designated as rural. The
proposed Marijuana Control Board also consists of five members;
not more than two members may be involved in the marijuana
industry, one member shall be from public safety, one member
shall be from public health, and one member shall be from a
rural area. She noted that the stakeholder group that has been
working for several years on revisions to Title 4 recommended
changing the composition of the ABC Board to include public
safety and public health designations similar to the new
marijuana board. That group also recommended that the background
of the agency director be taken into account when determining
the designated seats. For example, if the agency is led by a
director who has a background in the alcohol industry, that
would reduce the industry seat on the board by one.
SENATOR MEYER asked if there were other options to bring down
the cost of this new board.
MS. FRANKLIN answered that DCCED looked at options such as
adding additional members to the ABC Board, but that would upset
the balance between the public and industry. To maintain the
balance while not giving industry a majority vote it would be
necessary to add two public and two industry members. Based on
the current travel costs for the five-member ABC Board,
extending the membership to nine members would yield little
savings and increase the difficulty of getting nine members
together five times a year for required meetings. The balance
that was struck was to keep the agency staffing the same to
serve the two boards.
1:45:39 PM
SENATOR MEYER asked how SB 30 the criminal bill, SB 62 the
regulatory civil law bill, and SB 60 that creates the Marijuana
Control Board interrelate.
MS. FRANKLIN opined that the regulatory bill doesn't have to
pass in order for this bill to have an effect. SB 60 is stand-
alone legislation for fleshing out the regulatory authority
contained in AS 17.38. If SB 60 or similar legislation doesn't
pass, the ABC Board will undertake the responsibility of
regulating marijuana. However, AS 17.38 only gives the agency
the authority to control licensees, not unlicensed marijuana
businesses. She said that's a problem.
1:49:41 PM
SENATOR MEYER asked if the silver lining of legalizing marijuana
is that spice and bath salts will be used less.
MS. FRANKLIN opined that the legislation on spice and bath salts
made a big difference in terms of retail sales, and that the
demand for other types of "legal" highs will fall as marijuana
licenses are issued.
SENATOR MEYER asked if spice could still be sold in a licensed
marijuana establishment.
MS. FRANKLIN stated that the intention is to have marijuana
tracking software similar to what's used in Colorado and
Washington so the plant can be tracked from cultivation to the
retail outlet. This is to ensure that the marijuana was grown by
a licensed grower, processed by a licensed processor, tested by
a licensed testing facility, and sold by a licensed retailer.
1:52:22 PM
CHAIR COSTELLO asked if a person with industry experience leaves
the position of director, would preference be given to an
applicant whose background fulfills the missing designation.
MS. FRANKLIN answered that is her understanding.
CHAIR COSTELLO expressed concern that this approach might be
adopted by other boards and commissions. She also asked why some
of the restrictions on board members extends to family members.
MS. FRANKLIN explained that the language is in Title 4 with
regard to the industry designation. It's intended to avoid the
potential circumstance of a public member essentially acting on
behalf of the industry because he/she has such a vested
interest.
CHAIR COSTELLO asked if the intention is to set up a board that
registers participants in the marijuana industry or licenses
participants like is done with alcohol, because the bill uses
the terms interchangeably.
MS. FRANKLIN replied the intention is to use the terms "license"
and "licensure." The word "registration" appears in AS 17.38,
which is the reason for the definition that equates the two
terms.
1:56:51 PM
CHAIR COSTELLO asked about the lack of a sunset provision.
MS. FRANKLIN responded that an amendment is being drafted to add
a sunset; the omission was an oversight.
CHAIR COSTELLO asked her to speak to the fiscal note.
MS. FRANKLIN explained that the costs of the separate board are
the per diem and travel for the additional five board members.
She said the fiscal note reflects higher costs than for the ABC
Board in 2014 because the new board might need to meet more
often the first year to work on regulations. The staffing costs
reflect six additional agency staff over the FY2015 supplemental
and the FY2016 budget cycles. The fiscal note also reflects
startup costs, the majority of which was $500,000 for software
in FY2016. There is also some cost associated with moving the
current staff to accommodate the additional people, which is
included in the FY2015 supplemental budget.
1:58:57 PM
SENATOR GIESSEL joined the committee.
2:00:50 PM
At ease.
2:02:29 PM
CHAIR COSTELLO reconvened the meeting.
MS. FRANKLIN delivered a PowerPoint titled "State Regulation of
Recreational Marijuana - Structures of Government Agencies."
She explained that Colorado does not have a regulatory board
structure. Marijuana, alcohol, and gaming are overseen by state
employees in three divisions in the Colorado Department of
Revenue. The Marijuana Enforcement Division has four offices
statewide with 55 full-time employees, many of which are
criminal investigators and compliance investigators. There are
also 13 licensing employees and a few administrative employees.
She noted that any commercial establishment is required to hold
both a state and local license to sell marijuana.
MS. FRANKLIN reviewed data for the Marijuana Licensing Division
for the City and County of Denver, noting that the population is
similar to that of the state of Alaska. The division initially
requested 16 new employees in the 2014 budget and then 21.5 more
in the supplemental budget to cover the additional work created
by licensing. The revenue from the commercialization of
marijuana more than covers the cost of these employees.
2:07:14 PM
She highlighted that Washington State uses the Washington Liquor
Control Board to issue and enforce marijuana licenses, which is
a more similar structure to Alaska's. The board consists of
three full-time state employees who meet three times a week.
There is a director and 297 employees statewide. She noted that
some of the employees were hired short-term with the expectation
that they wouldn't be needed later on.
2:08:36 PM
MS. FRANKLIN noted that Oregon legalized recreational marijuana
at the same time as Alaska and the Oregon Liquor Control
Commission is the regulatory authority. For alcohol, there are
five citizen commissioners appointed by the governor who meet
monthly for 1-2 days. One commissioner is a representative of
the alcohol/food industry. The commission has an alcohol
director with 211 employees to oversee about 15,000 liquor
licenses. A marijuana director was hired and 1 marijuana
industry representative was added to the citizen commission. At
this time it isn't clear how many full-time employees will be
needed for the regulation and licensure of marijuana statewide.
She offered to follow-up with the data as it becomes available.
She highlighted that unlike Alaska, Oregon has no local option;
the rules the state adopts for marijuana will apply for the
entire state.
MS. FRANKLIN reviewed the current data for the Alcoholic
Beverage Control (ABC) Board for comparison purposes. The five-
member volunteer board meets five times per year in each of the
jurisdictions. The current employees include a director, an
enforcement supervisor, 4 enforcement officers - 2 in Anchorage
and 1 each in Fairbanks and Juneau, a licensing supervisor, 2
licensing specialists, 1 administrative assistant, and 1 clerk.
She noted that the FY2015 supplemental budget request is not
included in the fiscal note, but would add 1 administrative
officer and 1 additional business registration examiner. The
FY2016 budget request is for 1 additional business registration
examiner and 3 additional enforcement officers for a total of 17
employees. She said the board and staff has done quite a bit of
work on marijuana since the initiative passed and more staff
will likely be needed going forward if the board regulates both
alcohol and marijuana long term.
CHAIR COSTELLO noted that the revised fiscal note includes the
supplemental request.
She stated that SB 60 would be held in committee for further
consideration.
SB 53-ADVANCED PRACTICE REGISTERED NURSES
2:14:22 PM
CHAIR COSTELLO announced the consideration of SB 53. "An Act
relating to advanced practice registered nursing; relating to
certified direct entry midwifery; and providing for an effective
date." She stated her intention to hear the introduction, take
public testimony, and hold the bill for further consideration.
SENATOR CATHY GIESSEL, sponsor, SB 53, explained that this
legislation updates the statutory title of "Advanced Nurse
Practitioner" to "Advanced Practice Registered Nurse" (APRN).
This change would bring Alaska statutes into alignment with a
national movement to standardize the titles for this level of
primary care provider.
2:17:01 PM
JANE CONWAY, Staff, Senator Cathy Giessel, paraphrased the
following sectional analysis for SB 53:
Section 1 amends AS 08.02.010 and adds APRNs to the
list of professions that are required to use their
professional titles on stationery, signs, or other
advertising.
Sections 2-4 are conforming amendments that change the
statutory reference from "advanced nurse practitioner"
to "advance practice registered nurse."
2:17:42 PM
Section 5 amends AS 08.68.100(a) by requiring that the
Board of Nursing regulations pertaining to APRNs
include the practices of APRNs who practice as
certified registered nurse anesthetists, certified
clinical nurse specialists, certified nurse
practitioners, or certified nurse midwives and makes
conforming amendments.
Section 6 amends AS 08.68.160 by adding advanced
practice registered nursing to the licenses issued
under AS 08.68 and changes the term "professional
nursing" to "registered nursing."
Section 7 adds a new subsection to AS 08.68.170 that
sets out the qualifications for an advanced practice
registered nursing license.
Section 8 repeals and reenacts AS 08.68.190 concerning
license examinations and adds an advanced practice
registered nursing examination to the licensing
examinations conducted under AS 08.68.
Section 9 is a conforming amendment that changes a
statutory reference from "advanced nurse practitioner"
to advance practice registered nurse."
Section 10 amends AS 08.68 by adding a paragraph
requiring the Department of Commerce, community and
Economic Development to set fees related to advanced
practice registered nursing and deletes "vocational"
nursing.
Section 11 amends AS 08.68.230(a) by removing
"licensed professional nurse" from the titles
authorized for persons licensed under AS 08.68.
Section 12 amends AS 08.68.230 by adding new
subsections authorizing the use of the titles
"advanced practice registered nurse", "certified
registered nurse anesthetist", "certified clinical
nurse specialist", "certified nurse practitioner", or
"certified nurse midwife" and associated initials.
2:19:16 PM
Section 13 amends AS 08.65.265 to add advanced
practice registered nurses to the persons authorized
to supervise a practical nurse.
Section 14 adds impersonation of an advanced practice
registered nurse as a grounds for denial, suspension,
or revocation of a nursing license.
Section 15 requires institutions that are applying for
accreditation of advanced practice registered nurse
training to provide certain information to the Board
of Nursing.
Section 16 adds impersonation of an advanced practice
registered nurse as a grounds for denial, suspension,
or revocation of a certificate to practice as a nurse
aide.
Sections 17-19 add advanced practice registered
nursing to the licenses issued by the board, and
change the term "professional nursing" to "registered
nursing" in AS 08.68.360 - 08.68.390, which declare
the unlicensed practice of nursing a public nuisance
and provide for injunctive relief.
Section 20 adds advanced practice registered nurses to
the licensees who may delegate certain nursing duties.
Section 21 is a conforming amendment that changes a
statutory reference from "advanced nurse practitioner"
to "advance practice registered nurse" and makes a
related technical change.
Section 22 defines the practice of advanced practice
registered nursing.
Section 23-25 are conforming amendments that change a
statutory reference from "advanced nurse practitioner"
to "advance practice registered nurse" and make other
related technical amendments.
2:20:45 PM
Section 26 adds advanced practice registered nurses to
persons who are considered justified in conduct that
would otherwise be considered the use of force when
delivering emergency medical care.
Sections 27-28 are conforming amendments that change a
statutory reference from "advanced nurse practioner"
to "advance practice registered nurse."
Section 29 adds advanced practice registered nurses to
those licensees immune from civil liability for an act
or omission in delivering patient care services while
escorting an injured or sick person whose life is in
danger in a conveyance that is not an ambulance.
Section 30 is a conforming amendment that changes a
statutory reference from "advanced nurse practitioner"
to "advance practice registered nurse."
Section 31 adds advanced practice registered nurses to
those practitioners authorized to draw blood for tests
of persons charged with sex offenses.
Sections 32-33 are conforming amendments that change a
statutory reference from "advanced nurse practitioner"
to "advance practice registered nurses."
Section 34 clarifies that nurse-midwives and direct
entry midwives are certified.
Sections 35-38 are conforming amendments that change a
statutory reference from "advanced nurse practitioner"
to "advance practice registered nurse" and make other
related technical amendments.
Section 39 changes the term "registered professional
nursing" to "registered nursing."
Section 40 clarifies that nurse-midwives must be
certified to be a provider under AS 21.87.
Section 41 is a conforming amendment that changes a
statutory reference from "advanced nurse practitioner"
to "advance practice registered nurse."
Sections 42-43 clarifies that nurse-midwives are
certified and makes other technical amendments.
Sections 44-46 are conforming amendments that change a
statutory reference from "advanced nurse practitioner"
to "advance practice registered nurse."
Section 47 adds advanced practice registered nurses to
the definition of health care provider in statutory
provisions concerning prisons.
Section 48 is a conforming amendment that changes a
statutory reference from "advanced nurse practitioner"
to "advance practice registered nurse."
Section 49 adds advanced practice registered nurses to
licensees with particular training who may assess a
child with respect to the waiver under a statutory
provision concerning home and community based medical
assistance.
Section 50 is a conforming amendment that changes a
statutory reference from "advanced nurse practitioner"
to "advance practice registered nurse" and makes a
related technical change.
Section 51 adds advanced practice registered nurses to
practitioners who are not liable for providing
information to the Department of Health and Social
Services for the purpose of providing services to
certain children and makes a related technical change.
2:23:18 PM
Sections 52-54 add advanced practice registered nurses
to practitioners who may under statutory provisions
concerning mental health commitment, determine if a
person may be administered psychotropic medication
without the person's consent, and add advanced
practice registered nurses with particular training to
the definition of mental health professionals for
those statutory provisions.
Section 55 adds advanced practice registered nurses to
practitioners who may review a health care plan for an
assisted living home resident.
Sections 56-59 are conforming amendments that change a
statutory reference from "advanced nurse practitioner"
to "advance practice registered nurse."
Section 60 repeals specific statutes.
Section 61 sets July 1, 2015 as the effective date for
the bill.
2:24:33 PM
CHAIR COSTELLO asked if this legislation will require currently
practicing nurses to get additional certification.
SENATOR GIESSEL answered no.
CHAIR COSTELLO asked if she'd heard any opposition to the bill.
SENATOR GIESSEL answered no.
2:25:09 PM
CHAIR COSTELLO asked Ms. Chambers to speak to the fiscal note.
SARA CHAMBERS, Operations Manager, Division of Corporations,
Business and Professional Licensing, Department of Commerce,
Community and Economic Development (DCCED), explained that the
fiscal note anticipates the statutory and regulation changes the
six boards within the division will have to make to conform to
the APRN Consensus Model. The fiscal note is a conservative
estimate based on the cost of an average regulations project for
a moderately sized board, which is $2,500. The division would
like to work with the board in articulating these changes to the
other boards that are affected and encourage them to include
changes in any existing regulation projects to reduce the cost
to licensees.
CHAIR COSTELLO asked if this will affect any fees the boards
collect from the licensees.
MS. CHAMBERS answered no.
2:27:26 PM
At ease
2:28:50 PM
CARRIE DOYLE, DNP, Clinical Nurse Specialist representing the
Alaska Clinical Nurse Specialist Association, Anchorage, Alaska,
testified in support of SB 53. She stated that nationwide there
are four types of advanced practice registered nurses. In
Alaska, three of the categories operate under the title of
advanced nurse practitioner while nurse anesthetists are in a
separate category of clinician in Alaska statute. As previously
mentioned, the APRN Consensus Model is a nationwide movement to
include all four specialties under the title of advance practice
registered nurse. It seeks uniformity in APRN licensure,
accreditation, certification, and education. This will expedite
insurance reimbursement by eliminating confusion about service
providers and will allow APRNs from other states to more easily
obtain licensure in Alaska. SB 53 does not change the scope of
practice for ANPs and nurse anesthetists; they will just have
the new name of advanced practice registered nurse (APRN).
2:31:41 PM
CHAIR COSTELLO opened public testimony.
2:31:52 PM
ARLENE BRISCOE, Legislative Chair, Alaska Nurses Association,
Anchorage, Alaska stated support for SB 53.
2:32:44 PM
CHAIR COSTELLO, discerning there were no other testifiers,
closed public testimony and held SB 53 in committee for further
consideration.
SB 44-RELIGIOUS UNION EXEMPTION: PERA & AKRR
2:33:35 PM
CHAIR COSTELLO announced the consideration of SB 44. "An Act
relating to the religious exemptions in the Public Employment
Relations Act and the Alaska Railroad Corporation Act."
SENATOR CATHY GIESSEL, sponsor of SB 44, explained that the
legislation changes a provision in [AS 23.40.225] that provides
a religious exemption for a public employee in a bargaining unit
from paying union dues. As currently written, the employee pays
the equivalent of the union dues and the receiving union
contributes the money to a charity of its choice. SB 44 provides
that the union shall contribute the equivalent of the dues to a
charity of the employee's choice. She noted that this would also
cover the Alaska Railroad union.
2:35:03 PM
FORREST WOLFE, Staff, Senator Cathy Giessel, offered to answer
questions related to SB 44.
CHAIR COSTELLO asked for some background on the introduction of
the legislation.
MR. WOLFE said he received a letter today from a person who said
she was a member of the NEA for 20 years and her dues were given
to charities she didn't support. He imagined that there were
other examples.
CHAIR COSTELLO asked if he would categorize this legislation as
a matter of freedom of speech.
MR. WOLFE replied it's about freedom of speech and freedom of
religion.
2:37:36 PM
GREGORY HAMILTON, President, Northwest Religious Liberty
Association (NRLA), testified in support of SB 44. He said NRLA
represents the Seventh Day Adventist Church and any person or
institution of faith in a five state region to advance the
separation of church and state and the free exercise of
religion. NRLA also mediates and litigates Title VII religious
discrimination in the workplace as well as labor union exemption
requests.
MR. HAMILTON opined that the bill makes just a modest change
because the way contract bargaining law has worked is that the
union can have the ultimate say about what charity the money is
donated to, but generally there is mutual agreement. If someone
wants to give outright to a religious organization and it's
objectionable or doesn't meet the neutral criteria, then it's
turned down.
2:42:25 PM
MARK TORGERSON, Administrator and Hearing Examiner, Alaska Labor
Relations Agency ("Agency") Anchorage, Alaska, stated that he
was asked to discuss the framework of AS 23.40.225. He explained
that section 225 provides that an employee who wants to file a
request for non-association based on bonafide religious
convictions must file a claim with the Agency along with proper
proof of their religious conviction. The Agency then grants the
employee an exemption and the receiving union contributes an
equivalent amount of dues, fees, and assessments to a charity of
the union's choice.
CHAIR COSTELLO opened public testimony.
2:44:37 PM
DON ETHRIDGE, Alaska AFL-CIO, Juneau, AK, stated that the union
would like one small change in Section 2 to clarify that the
employee cannot realize personal gain from the funds that are
donated to a charity of the employee's choice.
2:46:03 PM
CAROL CARMAN, representing herself, Palmer, Alaska, testified in
support of SB 44. She reported that when she was working it was
very difficult to get a religious exemption and she really
didn't have a choice about where her dues equivalent would be
donated. The National Education Association (NEA) allowed her to
select one of the three organizations that the union chose.
SENATOR MEYER asked the names of the three organizations she
could select from.
MS. CARMAN recalled Beans Cafe and Salvation Army, but not the
third.
2:49:04 PM
DAVID NEES, representing himself, Anchorage, Alaska, testified
in support of SB 44. He stated that the employee should be able
to decide where his/her money goes. He cautioned that the
language on page 1, lines 10-13, regarding religious convictions
based on tenets may be unconstitutional.
2:51:25 PM
DAVID BOYLE, representing himself, Anchorage, Alaska, testified
in support of SB 44. He said this bill emphasizes the
constitutional rights of freedom of speech, freedom of
association, and freedom of religion. It also prohibits an
individual's dues from going to support non-profits the
individual may not agree with philosophically.
2:52:55 PM
CHAIR COSTELLO closed public testimony and held SB 44 in
committee for further consideration.
2:53:20 PM
There being no further business to come before the committee,
Chair Costello adjourned the Senate Labor and Commerce Standing
Committee meeting at 2:53 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 60 - DCCED Comp. Marijuana Regulatory Institutions.pdf |
SL&C 3/10/2015 1:30:00 PM |
SB 60 |
| SB 60 - Sectional Analysis.pdf |
SL&C 3/10/2015 1:30:00 PM |
SB 60 |
| SB 60 - Gov. Transmittal Letter.pdf |
SL&C 3/10/2015 1:30:00 PM |
SB 60 |
| SB 60 - Sen. L&C Hearing Request.pdf |
SL&C 3/10/2015 1:30:00 PM |
SB 60 |
| SB 60 - Version A.pdf |
SL&C 3/10/2015 1:30:00 PM |
SB 60 |
| SB 60 - Fiscal Note.pdf |
SL&C 3/10/2015 1:30:00 PM |
SB 60 |
| SB 53 - APRN Title Change Chart.pdf |
SL&C 3/10/2015 1:30:00 PM |
SB 53 |
| SB 53 - Fiscal Note.pdf |
SL&C 3/10/2015 1:30:00 PM |
SB 53 |
| SB 53 - Sectional Analysis.pdf |
SL&C 3/10/2015 1:30:00 PM |
SB 53 |
| SB 53 - Sen. L&C Hearing Request.pdf |
SL&C 3/10/2015 1:30:00 PM |
SB 53 |
| SB 53 - Sponsor Statement.pdf |
SL&C 3/10/2015 1:30:00 PM |
SB 53 |
| SB 53 - Version N.pdf |
SL&C 3/10/2015 1:30:00 PM |
SB 53 |
| SB53 - Myers.pdf |
SL&C 3/10/2015 1:30:00 PM |
SB 53 |
| SB53 - AaNA.pdf |
SL&C 3/10/2015 1:30:00 PM |
SB 53 |
| SB53 - AARP.pdf |
SL&C 3/10/2015 1:30:00 PM |
SB 53 |
| SB53 - AK Affiliate ACNM.pdf |
SL&C 3/10/2015 1:30:00 PM |
SB 53 |
| SB53 - AKANA.pdf |
SL&C 3/10/2015 1:30:00 PM |
SB 53 |
| SB53 - ANPA.pdf |
SL&C 3/10/2015 1:30:00 PM |
SB 53 |
| SB53 - APRN Alliance.pdf |
SL&C 3/10/2015 1:30:00 PM |
SB 53 |
| SB53 - ASHNHA.pdf |
SL&C 3/10/2015 1:30:00 PM |
SB 53 |
| SB53 - Bd of Nursing.pdf |
SL&C 3/10/2015 1:30:00 PM |
SB 53 |
| SB53 - Dooley.pdf |
SL&C 3/10/2015 1:30:00 PM |
SB 53 |
| SB53 - FASDx Services.pdf |
SL&C 3/10/2015 1:30:00 PM |
SB 53 |
| SB53 - Hartz.pdf |
SL&C 3/10/2015 1:30:00 PM |
SB 53 |
| SB53 - Rader.pdf |
SL&C 3/10/2015 1:30:00 PM |
SB 53 |
| SB 44 - Fiscal Note AKRR.pdf |
SL&C 3/10/2015 1:30:00 PM |
SB 44 |
| SB 44 - Fiscal Note DOLW&D.pdf |
SL&C 3/10/2015 1:30:00 PM |
SB 44 |
| SB 44 - Hearing Request.pdf |
SL&C 3/10/2015 1:30:00 PM |
SB 44 |
| SB 44 - Overview of Union Dues in Alaska.pdf |
SL&C 3/10/2015 1:30:00 PM |
SB 44 |
| SB 44 - Sponsor Statement.pdf |
SL&C 3/10/2015 1:30:00 PM |
SB 44 |
| SB 44 - Teamsters Dues Information.pdf |
SL&C 3/10/2015 1:30:00 PM |
SB 44 |
| SB 44 - Version W.PDF |
SL&C 3/10/2015 1:30:00 PM |
SB 44 |